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Advertising and Marketing Law

Branding in the Collaborative Economy (White Paper Excerpt)

February 5, 2014

This week, marketers and brands are meeting in Kansas City at the Resilient Summit to discuss the significance of the collaborative economy. The term “collaborative economy” describes an economic system where consumers prefer to share, rather than purchase, goods and services. It seeks to empower consumers and free them from the burdens of ownership. As this economy redefines established business models, at Collen IP, we pondered the legal implications for brands’ intellectual property and their advertising and marketing initiatives.

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How Not to Create a Fluid Trademark

October 9, 2013

What happens when a well-known trademark owner makes fun of itself? Sometimes, the result is consumer confusion. Burger King has taken the concept of “fluid trademarks” to extremes. In a new campaign, Burger King has focused completely on its french fries, pretending to change its corporate identity to “Fries King.” In so doing, it has confused its followers, proving that fluid trademarks can be risky business.

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5 Top Legal Questions and Answers about Pinterest

October 6, 2013

Clients frequently ask questions about copyright issues with Pinterest. In fact, the same questions arise repeatedly. Brands want to know how to avoid copyright violations on Pinterest, and they want to know how they can build a Pinterest marketing strategy into their business plan safely. Realtor Magazine recently interviewed me about how realtors can use Pinterest boards to promote their listings. The legal issues apply across industries. Here are answers to some of the most frequently asked questions about legal issues on Pinterest.

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New Rules Simplify Entry for Facebook Giveaways

September 3, 2013

On August 27, 2013, Facebook updated its promotion guidelines to make it easier to run sweepstakes and contests on the platform. In its announcement of the updates, Facebook is reaching out to “businesses of all sizes,” tacitly acknowledging the added expense associated with its previous requirements that sweepstakes and contests run through a third party application.

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Best Legal Practices for Marketing with Vine

July 16, 2013

Vine videos have taken social media by storm. Brands are catching on to the trend. A recent survey conducted by Unruly Group Limited shows that companies now use Vine about 4 times more than online videos to market their brand.

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Legal Alert: Brands Need to Regroup to Keep up with Flurry of Legislation Changes

June 26, 2013

This spring brought a flurry of regulatory changes and enforcement of existing laws for advertisers and marketers. This legislative update identifies several areas on which brands should focus their attention to remain compliant and to maximize their marketing efforts.

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